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DECREE No

DECREE No.86-CP OF DECEMBER 8, 1995 OF THE GOVERNMENT ON ASSIGNMENT OF STATE MANAGEMENT RESPONSIBILITIES FOR THE QUALITY OF GOODS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on Quality of Goods of December 27, 1990;

At the proposal of the Minister of Science, Technology and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- State management over the quality of goods aims to ensure the necessary control of the State over the quality of goods in production, business, import and export activities; to redress in time mistakes and prevent consequent losses to State property, the national interests and prestige, the people's interests and health due to the poor quality of goods.

Article 2.- The division of tasks and powers among the Ministries, branches, agencies attached to the Government, and localities in State management of the quality of goods aims to:

1. Enhance the role and responsibility of the Ministries, branches, agencies attached to the Government, and localities in the management of quality control in the whole production process (from the orientation of production to the manufacture and marketing of goods).

2. Make recommendations to the Government to promulgate undertakings, policies and mechanisms of State management of the quality of goods that suit the market economy, create conditions for organizations and individuals to quickly apply scientific, technical and technological advances to the manufacture of quality products that meet the demands of the domestic and international markets.

Article 3.- The division of tasks and powers in State management of the quality of goods is based on the following principles:

1. Ensuring the centralized and unified management in the whole country, at the same time rationally dividing the responsibilities among the Ministries, branches, agencies attached to the Government, and localities in order to avoid overlapping or omission of any object of management. The Ministries, branches, agencies attached to the Government, and localities shall take direct responsibility before the Government within their assigned scope of management.

2. Depending on the functions and tasks of each Ministry, branch, agency attached to the Government and at the same time making adjustments to suit its capacity and specialized fields and technologies to overcome weaknesses in the regulations already promulgated.

3. For a number of particular kinds of goods which have direct effect on the customers' health, on the safety of the environment and production (stipulated in Article 4, Chapter II), the quality management (from the preparation for production to the manufacture of products, their circulation, distribution and use, export and import) shall be assigned to the Ministries managing specialized branches.

4. Within their scope of management, the Ministries, agencies attached to the Government, and localities take concrete responsibilities for each field of activities regarding standardization and quality management mentioned in Articles 5, 6, 7, 8 and 9, Chapter II of this Decree.

Chapter II

DIVISION OF RESPONSIBILITIES IN STATE MANAGEMENT OVER QUALITY OF GOODS

Article 4.- The division of responsibilities in State management over the quality of goods among the Ministries and branches shall be done along these lines:

The Ministry of Science, Technology and Environment is a specialized agency to assist the Government in guiding and unifying the State management of the quality of goods, laying down general undertakings and policies, performing unified professional management and supervising the implementation of those regulations by the Ministries managing specialized branches, agencies attached to the Government, and localities.

The Ministries managing specialized branches, and the agencies attached to the Government shall have to study and draw up guidelines and regulations on ensuring and controlling the quality of goods within their scope of management, from the production orientation to the manufacture and marketing of products.

The Ministries, branches, agencies attached to the Government, and localities shall have to closely collaborate with the Ministry of Science, Technology and Environment in organizing the implementation of their assigned State management functions and tasks regarding the quality of goods.

With regard to a number of particular kinds of goods, the function of State management of the quality of goods is assigned to the following specialized Ministries:

1. The Ministry of Health: pharmaceutical products, pharmaceutical materials, medical equipments and instruments, cosmetics which have direct effect on the people's health; hygiene and food safety (fresh, industrially processed), assorted drinks, alcohol and cigarettes.

2. The Ministry of Agriculture and Rural Development: fertilizers, veterinary medicines, plant protection drugs, plant and animal breeds, biological products in service of cultivation and husbandry, animal feeds (except those under the responsibility of the Ministry of Aquatic Products).

3. The Ministry of Aquatic Products: aquatic animals and plants, aquatic animal and plant products, feeds for aquatic and marine life, aquatic plant protection drugs and veterinary medicines for aquatic life, fishing nets and gear.

4. The Ministry of Transport and Communications: means of transport, communication infrastructure works, cargo-lifting equipment of one-ton or more in capacity, steam boilers, pressure boilers used in transport and communications.

5. The Ministry of Construction: construction projects.

6. The Ministry of Culture and Information: assorted publications, musical instruments and other cultural products.

7. The Ministry of Industry: industrial explosives.

The Ministry of Science, Technology and Environment together with the concerned specialized Ministries shall issue inter-ministerial Circulars guiding in details the implementation of their assigned tasks mentioned in Points 1, 2, 3, 4, 5, 6, 7 no later than two months after the promulgation of this Decree.

The Ministry of Science, Technology and Environment is responsible for State management of the quality of other kinds of goods (except those mentioned in Points 1, 2, 3, 4, 5, 6, 7 and goods related to national defense, security and national secrets).

Depending on the requirements of economic and trade development, for those kinds of goods the quality of which needs joint management, the Prime Minister shall assign the management responsibility to the concerned Ministries on a case-by-case basis.

The Ministries, branches, agencies attached to the Government and localities should promptly perfect the existing specialized agencies for quality management and control in compliance with the professional guidance of the Ministry of Science, Technology and Environment. The Ministry of Science, Technology and Environment shall collaborate with the other concerned Ministries to submit to the Prime Minister a regulation on the functions, tasks, powers and modes of operation of these agencies for promulgation.

Article 5.- The issue and guidance on the application of the Vietnamese standards shall be assigned as follows:

1. The Ministry of Science, Technology and Environment shall issue the Vietnamese Standards and publish them on the Official Gazette of the Socialist Republic of Vietnam. In a number of specific cases, the Ministry of Science, Technology and Environment, with permission of the Government, may delegate the Ministries managing specialized branches to issue the Vietnamese Standards.

The Ministry of Science, Technology and Environment shall work with the specialized Ministries to set up Technical Commissions for specific fields corresponding to the Technical Commissions of the International Standardization Organization. These Technical Commissions shall be comprised of specialists from any economic sector, from the Ministries, branches, localities, research and training institutions, business and production establishments... to compile the Vietnamese Standards.

2. The Ministries managing specialized branches, and agencies attached to the Government shall have to define the objectives for the quality of goods and concrete policies appropriate to various kinds of goods under their management in order to materialize the overall objectives; to make plans for materializing the objectives set for the quality of goods as well as the programs for improving the quality of goods in their own Ministries, branches and agencies.

The Ministries and the agencies attached to the Government shall elaborate a plan to work out the Vietnamese Standards for the objects subject to management, consult with the Ministry of Science, Technology and Environment on necessary plans and measures for compiling the Vietnamese Standards.

The Ministries managing specialized branches shall have to stipulate the obligatory application of the Vietnamese Standards for the units under their management by making decisions to apply the Vietnamese Standards, organize, and supervise the application of the Vietnamese Standards and handle violations.

Article 6.- The quality of goods registration shall be made as follows:

1. The Ministries, the agencies attached to the Government, and localities shall, depending on the kinds of goods assigned to them, propose the lists of goods subject to quality registration with the Ministry of Science, Technology and Environment so that the latter publicizes them. (except for phamaceutical products and cosmetics to be announced by the Ministry of Health; veterinary medicines to be announced by the Ministry of Agriculture and Rural Development; veterinary medicines for aquaproducts, biological products in service of aquaculture to be announced by the Ministry of Aquatic Products).

In specific cases, the Ministry of Science, Technology and Environment may delegate, by permission of the Government, the Ministries managing specialized branches to announce the lists of goods that are subject to quality registration.

2. The Ministry of Science, Technology and Environment shall organize quality registration for those kinds of goods on the lists announced by the Ministry.

The Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Aquatic Products shall organize quality registration for those kinds of goods referred to in Item 1 of this Article, and shall have to notify the Ministry of Science, Technology and Environment of the lists of registered kinds of goods.

3. With regard to goods which need to be studied, verified and tested before being put into production and use or being allowed for importation (phamaceutical products, veterinary medicines, anti-epidemic drugs, biological products in service of cultivation and husbandry, plant and animal breeds of various kinds, new technical equipments and materials...), the Ministry managing specialized branches shall preside over and co-ordinate with the concerned agencies in organizing the clinical verification and testing for conclusion and decision on their production, use and import. The Ministry of Science, Technology and Environment, the Ministries managing specialized branches (mentioned in Article 6, Item 2) shall issue quality registration certificates only after getting confirmation of the results of the clinical verification and testing, quality evaluation... issued by the agency nominated by the Ministry managing specialized branches.

Article 7.- The organization of goods quality control shall be assigned as follows:

1. The Ministry of Science, Technology and Environment shall preside over and co-ordinate with the concerned Ministries in drawing up a list of domestically manufactured goods, exported and imported goods that are subject to State quality control.

Annually, in September, the Ministry of Science, Technology and Environment shall make public this general list and publish it on the Official Gazette of the Socialist Republic of Vietnam for application from January 1st of the following year.

2. The Ministry of Science, Technology and Environment shall co-ordinate with the Ministries managing specialized branches in setting criteria for the control and in nominating the quality control agencies for commodities subject to State quality control.

With regard to commodities under the managerial responsibilities of different Ministries as assigned in Article 4, the quality control agency shall be nominated by an inter-ministerial decision of the Ministry of Science, Technology and Environment and a concerned Ministry.

The technical and administrative units under the State management agency nominated to control the quality shall not undertake quality control services for goods under commercial contracts.

3. To ensure the control of the quality of the goods under commercial contracts and to facilitate import and export activities and the integration into the region and the world in terms of quality of goods control, the organizations engaged in the goods quality control must be considered, recognized and licensed for operation.

The Ministry of Science, Technology and Environment and the Ministry of Trade shall provide for the procedures of considering and recognizing goods quality control organizations, organizing the evaluation and issuing certificates of technical and trading specializations to the goods quality control organizations. The goods quality control organizations must register their operation in accordance with the Law on Enterprises, the Law on Foreign Investment in Vietnam, after acquiring a certificate on the technical and trading specializations.

In a number of specific cases, legal quality control organizations may be nominated by the Ministry of Science, Technology and Environment to temporarily undertake the tasks of goods quality control.

4. The General Customs Department (Customs offices at the border gates) shall clear customs procedures for imports and exports subject to quality control only when the goods have been certified by a quality control agency that their quality meets the standards.

In case the quality of goods is below the standards, the quality control agency must notify the competent State management agency under the Ministry of Science, Technology and Environment and the Ministry managing specialized branches for settlement.

Article 8.- State Inspection of the quality of goods shall be effected as follows:

The Ministry of Trade shall co-ordinate with the Ministry of Science, Technology and Environment, the Ministries managing specialized branches and the concerned agencies in organizing the supervision and handling of violations with regard to the quality of goods circulated on the market in accordance with Decision No.96-TTg of February 18, 1995 of the Prime Minister.

Specialized inspection agencies of various Ministries shall collaborate with one another depending on their assigned functions, organize the inspection of the observance of State Ordinances and regulations regarding the quality of goods, handle or transfer to competent agencies for handling violations of laws regarding the quality of goods, settle complaints and denunciations in accordance with the Ordinance on Citizens' Complaints and Denunciations, the Ordinance on Handling of Violations of Administrative Regulations.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Government shall have to implement this Decree.

Article 10.- The Minister of Science, Technology and Environment shall have to provide detailed guidance, organize the implementation and periodically report to the Government on the implementation of the Decree.

Article 11.- This Decree takes effect from the date of its signing.

All the earlier provisions which are contrary to this Decree are now annulled.

On behalf of the Government

The Prime Minister

VO VAN KIET